H.R. 5113 (111th): To amend the Child Nutrition Act of 1966 to establish the Healthy Habits School Challenge Program to reduce childhood obesity by recognizing schools that are creating healthier school environments for children by promoting good nutrition and physical activity, and for other purposes.

Mrs. Dahlkemper
introduced the following bill; which was referred to the
Committee on Education and
Labor

A BILL

To amend the Child Nutrition Act of 1966 to establish the
Healthy Habits School Challenge Program to reduce childhood obesity by
recognizing schools that are creating healthier school environments for
children by promoting good nutrition and physical activity, and for other
purposes.

1.

Local Wellness Policy;
Healthy Habits Challenge Program

The Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) is amended by inserting after section 19, the following:

19A.

Local wellness
policy; Healthy habits Challenge program

(a)

Local wellness
policy

(1)

In
general

Not later than the first day of the school year beginning
after June 30, 2010, each local educational agency participating in a program
authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall
establish or expand a local school wellness policy for schools under the local
educational agency that, at a minimum—

(A)

includes goals for
nutrition education, physical activity, and other school-based activities that
are designed to promote student wellness in a manner that the local educational
agency determines is appropriate;

(B)

includes nutrition
guidelines selected by the local educational agency for all foods available on
each school campus under the local educational agency during the school day
with the objectives of promoting student health and reducing childhood
obesity;

(C)

provides an
assurance that guidelines for reimbursable school meals shall not be less
restrictive than regulations and guidance issued by the Secretary pursuant to
subsections (a) and (b) of section 10 of this Act and sections 9(f)(1) and
17(a) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(f)(1), 1766(a)), as those regulations and guidance apply to
schools;

(D)

establishes a plan
for measuring implementation of the local wellness policy, including
designation of 1 or more persons within the local educational agency or at each
school, as appropriate, charged with operational responsibility for ensuring
that the school meets the local wellness policy; and

(E)

involves parents,
students, representatives of the school food authority, the school board,
school administrators, and the public in the development of the school wellness
policy.

(2)

Technical
Assistance and Best Practices

(A)

In
general

From the amounts appropriated to carry out this
paragraph, the Secretary, in coordination with the Secretary of Education and
in consultation with the Secretary of Health and Human Services, acting through
the Centers for Disease Control and Prevention, shall make available to local
educational agencies, school food authorities, and State educational agencies,
on request, information and technical assistance for use in—

(i)

establishing
healthy school nutrition environments;

(ii)

reducing
childhood obesity; and

(iii)

preventing
diet-related chronic diseases.

(B)

Content

Technical
assistance provided by the Secretary under this paragraph shall—

(i)

include relevant
and applicable examples of schools and local educational agencies that have
taken steps to offer healthy options for foods sold or served in
schools;

(ii)

include such
other technical assistance as is required to carry out the goals of promoting
sound nutrition and establishing healthy school nutrition environments that are
consistent with this subsection;

(iii)

be provided in
such a manner as to be consistent with the specific needs and requirements of
local educational agencies;

(iv)

providing
examples of model local school wellness policies developed by the Secretary;
and

(v)

be
for guidance purposes only and not be construed as binding or as a mandate to
schools, local educational agencies, school food authorities, or State
educational agencies.

(b)

Healthy Habits
School Challenge Program

(1)

Program
established

From the amounts appropriated to carry out this
section, not later than 180 days after the date of the enactment of this
section, the Secretary shall establish the Healthy Habits School Challenge
Program (in this subsection referred to as the Program) to
reduce childhood obesity by recognizing schools that are creating healthier
school environments for children by promoting good nutrition and physical
activity.

(2)

Participation
requirements

In order to receive recognition under the Program, a
school shall—

(A)

demonstrate to the
Secretary, at such time and in such manner as the Secretary may require, that
the school—

(i)

has adopted and is
carrying out the model local school wellness policy described by the Secretary
under subsection (a)(2)(B)(iv);

(ii)

provides
nutrition education—

(I)

in the case of an
elementary school that offers more than 1 grade level, to students in at least
half, but not fewer than 2, of the grade levels offered by the school;

(II)

in the case an
elementary school that offers only 1 grade level, to all students enrolled in
the school;

(III)

in the case of a
middle school, to students in at least 1 grade level as part of a required year
round instruction; and

(IV)

in the case of a
high school, in at least 2 courses required for graduation;

(iii)

in the case of an elementary school or
middle school, provides students with structured physical education classes and
unstructured daily opportunities for physical activity;

(iv)

in the case of a
high school—

(I)

offers structured
physical education classes to students in at least 2 grade levels; and

(II)

provides all
students enrolled in the school opportunities to participate in physical
activity throughout the school year; and

(v)

adheres to the
most recent nutrition rules promulgated by the Secretary—

(I)

under section
9(a)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(a)(4)) for foods and food ingredients offered in school nutrition programs
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
and this Act; and

(II)

for foods and
food ingredients offered by schools outside of the programs; and

(B)

maintain a record of the participation of
students in the activities under the benchmarks developed by the Secretary
under paragraph (3) and the number of the benchmarks achieved by the school,
and submit a report of such record to the Secretary at such time and in such
manner as the Secretary may require.

(3)

Benchmarks

Not
later than 90 days after the date of the enactment of this subsection, the
Secretary shall develop demonstrable benchmarks for schools participating in
the Program under this subsection, which shall take into account—

(A)

the consumption by
students at participating schools of a certain number of fresh fruits and
vegetables per a certain number of weeks; and

(B)

the availability
of healthy alternatives for meals and snacks in the cafeteria of participating
schools, including whole wheat bread products and fresh fruits and
vegetables.

(4)

Performance
awards

The Secretary and the
Secretary of Education shall, jointly, determine which benchmarks should be
achieved to receive distinction under the Program, and the levels of
distinction available under the Program.

(5)

Definitions

In
this subsection:

(A)

Elementary
school

The term
elementary school has the meaning given such term in section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).

(B)

Middle
school

The term middle school means a public
school in which the entering grade is not lower than grade 6 and the highest
grade is not higher than grade 8, as determined under State law.

(C)

High
school

The term high school means a public school
in which the entering grade is not lower than grade 9 and the highest grade is
grade 12, as determined under State
law.

.

2.

Updating
nutrition rules

Section
9(a)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1758(a)(4)) is amended by adding at the end the following:

(C)

Updating
nutrition rules

From the
amounts appropriated to carry out this subparagraph, the Secretary shall enter
into a contract with the Institute of Medicine to provide recommendations to
the Secretary on updating the rules promulgated under subparagraph
(B).

.

3.

Conforming
amendment

Section 204 of the
Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note;
Public Law 108–265) is repealed.

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